{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1718.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1718.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1718.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1718.html"}],"law_id":73393,"edition_id":1,"section_id":73393,"structure_id":16125,"section_number":"63.2-1718","catch_line":"Inspection of unlicensed child or adult care operations; inspection warrant","history":"1993, cc. 730, 742, \u00a7 63.1-198.04; 2002, c. 747; 2014, c. 354.","full_text":"In order to perform his duties under this subtitle, the Commissioner may enter and inspect any unlicensed child or adult care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants for inspections of child or adult care operations, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued ex parte by any judge having authority to issue criminal warrants whose territorial jurisdiction includes the child or adult care operation to be inspected, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the inspection. The affidavit shall contain either a statement that consent to inspect has been sought and refused, or that facts and circumstances exist reasonably justifying the failure to seek such consent. Such facts may include, without limitation, past refusals to permit inspection or facts establishing reason to believe that seeking consent would provide an opportunity to conceal violations of statutes or regulations. Probable cause may be demonstrated by an affidavit showing probable cause to believe that the child or adult care operation is in violation of any provision of this subtitle or any regulation adopted pursuant to this subtitle, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this subtitle. The inspection of a child or adult care operation that has been the subject of a complaint pursuant to \u00a7 63.2-1728 shall have preeminent priority over any other inspections of child or adult care operations to be made by the Commissioner unless the complaint on its face or in the context of information known to the Commissioner discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54. Such warrant shall be executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made.","order_by":null,"text":{"0":{"id":264111,"text":"In order to perform his duties under this subtitle, the Commissioner may enter and inspect any unlicensed child or adult care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants for inspections of child or adult care operations, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued ex parte by any judge having authority to issue criminal warrants whose territorial jurisdiction includes the child or adult care operation to be inspected, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the inspection. The affidavit shall contain either a statement that consent to inspect has been sought and refused, or that facts and circumstances exist reasonably justifying the failure to seek such consent. Such facts may include, without limitation, past refusals to permit inspection or facts establishing reason to believe that seeking consent would provide an opportunity to conceal violations of statutes or regulations. Probable cause may be demonstrated by an affidavit showing probable cause to believe that the child or adult care operation is in violation of any provision of this subtitle or any regulation adopted pursuant to this subtitle, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this subtitle. The inspection of a child or adult care operation that has been the subject of a complaint pursuant to \u00a7 63.2-1728 shall have preeminent priority over any other inspections of child or adult care operations to be made by the Commissioner unless the complaint on its face or in the context of information known to the Commissioner discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54. Such warrant shall be executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16125,"edition_id":1,"name":"Unlicensed Programs","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13303,"metadata":{},"date_created":"2026-06-26 04:06:45","date_modified":"2026-06-26 04:06:45","permalink":{"id":272245,"object_type":"structure","relational_id":16125,"identifier":"2","token":"63.2\/IV\/17\/2","url":"\/63.2\/IV\/17\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13303,"edition_id":1,"name":"Licensure and Registration Procedures","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":13166,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":272145,"object_type":"structure","relational_id":13303,"identifier":"17","token":"63.2\/IV\/17","url":"\/63.2\/IV\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13166,"edition_id":1,"name":"Licensure","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":272143,"object_type":"structure","relational_id":13166,"identifier":"IV","token":"63.2\/IV","url":"\/63.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63849,"structure_id":16125,"section_number":"63.2-1715","catch_line":"Exemptions from licensure","url":"\/63.2-1715\/","token":"63.2\/IV\/17\/2\/63.2-1715","metadata":false},{"id":81662,"structure_id":16125,"section_number":"63.2-1716","catch_line":"Repealed","url":"\/63.2-1716\/","token":"63.2\/IV\/17\/2\/63.2-1716","metadata":false},{"id":73393,"structure_id":16125,"section_number":"63.2-1718","catch_line":"Inspection of unlicensed child or adult care operations; inspection warrant","url":"\/63.2-1718\/","token":"63.2\/IV\/17\/2\/63.2-1718","metadata":false}],"previous_section":{"id":81662,"structure_id":16125,"section_number":"63.2-1716","catch_line":"Repealed","url":"\/63.2-1716\/","token":"63.2\/IV\/17\/2\/63.2-1716","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1718\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapters 730 and 742 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0747\">747<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0354\">354<\/a>.<\/p>","references":false,"refers_to":[{"id":78769,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","order_by":null,"url":"\/19.2-54\/"},{"id":68254,"section_number":"63.2-1728","catch_line":"Establishment of toll-free telephone line for complaints; investigation on receipt of complaints","order_by":null,"url":"\/63.2-1728\/"}],"permalink":{"id":272255,"object_type":"law","relational_id":73393,"identifier":"63.2-1718","token":"63.2\/IV\/17\/2\/63.2-1718","url":"\/63.2-1718\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1718\/","token":"63.2\/IV\/17\/2\/63.2-1718","dublin_core":{"Title":"Inspection of unlicensed child or adult care operations; inspection warrant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1718","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In <span class=\"dictionary\">order<\/span> to perform his duties under this subtitle, the <span class=\"dictionary\">Commissioner<\/span> may enter and inspect any unlicensed <span class=\"dictionary\">child<\/span> or adult care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative <span class=\"dictionary\">search warrants<\/span> for inspections of <span class=\"dictionary\">child<\/span> or adult care operations, based upon a <span class=\"dictionary\">petition<\/span> demonstrating <span class=\"dictionary\">probable cause<\/span> and supported by an <span class=\"dictionary\">affidavit<\/span>, may be issued <span class=\"dictionary\">ex parte<\/span> by any <span class=\"dictionary\">judge<\/span> having authority to <span class=\"dictionary\">issue<\/span> criminal warrants whose territorial <span class=\"dictionary\">jurisdiction<\/span> includes the <span class=\"dictionary\">child<\/span> or adult care operation to be inspected, if he is satisfied from the <span class=\"dictionary\">petition<\/span> and <span class=\"dictionary\">affidavit<\/span> that there is reasonable and <span class=\"dictionary\">probable cause<\/span> for the inspection. The <span class=\"dictionary\">affidavit<\/span> shall contain either a statement that consent to inspect has been sought and refused, or that <span class=\"dictionary\">facts<\/span> and circumstances exist reasonably justifying the failure to seek such consent. Such <span class=\"dictionary\">facts<\/span> may include, without limitation, past refusals to permit inspection or <span class=\"dictionary\">facts<\/span> establishing reason to believe that seeking consent would provide an opportunity to conceal violations of <span class=\"dictionary\">statutes<\/span> or regulations. <span class=\"dictionary\">Probable cause<\/span> may be demonstrated by an <span class=\"dictionary\">affidavit<\/span> showing <span class=\"dictionary\">probable cause<\/span> to believe that the <span class=\"dictionary\">child<\/span> or adult care operation is in violation of any provision of this subtitle or any regulation adopted pursuant to this subtitle, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this subtitle. The inspection of a <span class=\"dictionary\">child<\/span> or adult care operation that has been the subject of a complaint pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Establishment of toll-free telephone line for complaints; investigation on receipt of complaints\" href=\"\/63.2-1728\/\">63.2-1728<\/a> shall have preeminent priority over any other inspections of <span class=\"dictionary\">child<\/span> or adult care operations to be made by the <span class=\"dictionary\">Commissioner<\/span> unless the complaint on its face or in the context of information known to the <span class=\"dictionary\">Commissioner<\/span> discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the <span class=\"dictionary\">judge<\/span> shall file the <span class=\"dictionary\">affidavit<\/span> in the manner prescribed by \u00a7&nbsp;<a class=\"law\" title=\"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit\" href=\"\/19.2-54\/\">19.2-54<\/a>. Such warrant shall be executed and returned to the clerk of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the city or county wherein the inspection was made.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINSPECTION OF UNLICENSED CHILD OR ADULT CARE OPERATIONS; INSPECTION WARRANT (\u00a7\n63.2-1718)\n\nIn order to perform his duties under this subtitle, the Commissioner may enter\nand inspect any unlicensed child or adult care operation with the consent of the\nowner or person in charge, or pursuant to a warrant. Administrative search\nwarrants for inspections of child or adult care operations, based upon a\npetition demonstrating probable cause and supported by an affidavit, may be\nissued ex parte by any judge having authority to issue criminal warrants whose\nterritorial jurisdiction includes the child or adult care operation to be\ninspected, if he is satisfied from the petition and affidavit that there is\nreasonable and probable cause for the inspection. The affidavit shall contain\neither a statement that consent to inspect has been sought and refused, or that\nfacts and circumstances exist reasonably justifying the failure to seek such\nconsent. Such facts may include, without limitation, past refusals to permit\ninspection or facts establishing reason to believe that seeking consent would\nprovide an opportunity to conceal violations of statutes or regulations.\nProbable cause may be demonstrated by an affidavit showing probable cause to\nbelieve that the child or adult care operation is in violation of any provision\nof this subtitle or any regulation adopted pursuant to this subtitle, or upon a\nshowing that the inspection is to be made pursuant to a reasonable\nadministrative plan for the administration of this subtitle. The inspection of a\nchild or adult care operation that has been the subject of a complaint pursuant\nto \u00a7 63.2-1728 shall have preeminent priority over any other inspections of\nchild or adult care operations to be made by the Commissioner unless the\ncomplaint on its face or in the context of information known to the Commissioner\ndiscloses that the complaint has been brought to harass, to retaliate, or\notherwise to achieve an improper purpose, and that the improper purpose casts\nserious doubt on the veracity of the complaint. After issuing a warrant under\nthis section, the judge shall file the affidavit in the manner prescribed by \u00a7\n19.2-54. Such warrant shall be executed and returned to the clerk of the circuit\ncourt of the city or county wherein the inspection was made.\n\nHISTORY: 1993, cc. 730, 742, \u00a7 63.1-198.04; 2002, c. 747; 2014, c. 354.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}